Opinion
No. 01–13–00704–CV.
2014-09-18
Lee Ann WHEELBARGER, Appellant v. CITY OF EL LAGO and Richard Smith, Appellees.
Andy Taylor, Andy Taylor & Associates, P.C., Brenham, TX, for Appellant. Arthur Val Perkins, Gardere Wynne Sewell, Houston, TX, for Appellees.
Rehearing Overruled Jan. 15, 2015.
Affirmed.
Andy Taylor, Andy Taylor & Associates, P.C., Brenham, TX, for Appellant. Arthur Val Perkins, Gardere Wynne Sewell, Houston, TX, for Appellees.
This appeal arises from a claim by appellant Lee Ann Wheelbarger that the appellees, the City of El Lago and Richard Smith (sued in his official capacity only), violated her constitutional right to due process in determining that a condominium complex in which she owned a unit had been “substantially damaged” by Hurricane Ike. She claimed that this determination, communicated in a letter to her condominium association, was made without affording her a hearing or an opportunity to appeal and that it led to the demolition of the complex by its private governing council. Finding that it lacked subject-matter jurisdiction, the trial court dismissed her claims.
We conclude that any controversy about the initial determination of substantial damage was rendered nonjusticiable because of subsequent events in which the City's Building Standards Commission declared the complex a nuisance and ordered it repaired or demolished. Accordingly, we affirm the dismissal of the suit.)